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Affidavit for Service by Publication

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2803

(Rev. 8-21-96) CCG-0013

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

V.

No.

AFFIDAVIT FOR SERVICE BY PUBLICATION

on oath states as to Defendant,

1. Defendant (check off ONE of the following):

resides outside the state so that process cannot be served upon defendant.

has gone out of the state so that process cannot be served upon defendant.

on due inquiry cannot be found so that process cannot be served upon defendant.

is concealed within the state so that process cannot be served upon defendant.

2. Defendant's place of residence (check off ONE of the following):

is (Address)

upon diligent inquiry cannot be ascertained and his/her last known place of residence is at:

Subscribed and sworn to before me this

day of

Affiant:

Notary public

Name:

Attorney for:

Address:

City/Zip:

Telephone:

Atty. No.:

AURELIA PUCINSKI, CLERK OF THE CIRCUIT COURT OF COOK COUNTY

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What the Affidavit for Service by Publication Is

The Affidavit for Service by Publication is a sworn written statement filed with a court that documents attempts to locate and personally serve a defendant and verifies that notice was instead published in a court-approved newspaper or other authorized medium. The affidavit summarizes attempts at personal service, identifies the publication used and the dates of insertion, and confirms the affiant’s knowledge under penalty of perjury. Courts rely on this document to establish constructive service consistent with due process when statutory service efforts have been exhausted and a publication order has issued.

Why this Affidavit Matters in Litigation

An accurate affidavit preserves the plaintiff’s ability to proceed when a defendant cannot be located, showing the court that statutory notice requirements and the court’s order for publication were followed. It creates a record that supports entry of default judgments or other relief when personal service is impracticable.

Why this Affidavit Matters in Litigation

Who Typically Prepares and Relies on This Affidavit

Several parties commonly prepare or file the affidavit to document service efforts and comply with the court’s publication order.

  • Plaintiff’s attorney preparing proof of constructive service for motion or default proceedings.
  • Process servers or investigators documenting unsuccessful personal service attempts and timelines.
  • Court clerks and judges who review the affidavit as the official record of notice.

Typical Roles Who Sign or File the Affidavit

Plaintiff's Attorney

The plaintiff’s attorney drafts or reviews the affidavit to ensure it reflects statutory requirements and the court’s order; they may file the affidavit with the clerk and argue adequacy of service if challenged.

Process Server

A process server or investigator who attempted personal service prepares a factual statement of attempts, the methods used, and the dates; their sworn testimony supports the claim that publication was necessary.

Essential Information to Include in the Affidavit

Affiant Identity: Full legal name and contact
Case Caption: Court name and docket number
Service Attempts: Dates and locations tried
Publication Details: Newspaper name and run dates
Statement of Truth: Sworn attestation language
Notary Section: Notary block and date

Step-by-Step: Completing the Affidavit

Follow this sequence to prepare a complete, court-ready affidavit that documents inability to serve and the publication notice.

  • 01
    Gather records: Collect attempts, dates, and addresses for the file.
  • 02
    Draft affidavit: Describe each service attempt and why publication was used.
  • 03
    Attach proof: Include publisher tear sheets or affidavits of publication.
  • 04
    Notarize and file: Sign before a notary and file with the court clerk.

How to Configure an Online Workflow for Publication Affidavits

Set up a reproducible template and routing to collect affidavits, publisher proof, notarization, and court filing.

Field Configuration
Template Required Create a reusable affidavit template with mandatory fields.
Document Attachments Require publisher affidavit and tear sheets as uploads.
Notarization Select RON or in-person notarization per jurisdiction.
Filing Destination Route signed affidavit to counsel and court clerk.

Platform Needs for Digital Completion and Filing

Use an eSignature and file-management platform that supports templates, attachments, and secure signer authentication.

  • Document formats: PDF and DOCX support for court-ready filings
  • Integrations: Connectors for case management and cloud storage
  • Notarization support: Remote or in-person notarization workflows

Ensure the chosen platform can export an unalterable PDF, capture an audit trail, and retain records for the required retention period.

Typical Online Process for Service-by-Publication Workflows

A concise eight-step flow converts raw service attempts into a filed affidavit supported by publisher proof.

  • Upload complaint: Start by uploading the case cover page and complaint.
  • Populate affidavit: Auto-fill party and case data into the affidavit template.
  • Attach evidence: Add publisher affidavits and tear sheets as attachments.
  • Authenticate signer: Sign electronically or notarize, then file with the clerk.

Timing and Deadlines to Track for Publication Service

Timing rules vary by jurisdiction; track petition filing, publication schedule, and the deadline to file the proof of publication affidavit.

Petition Filed:

Start date for service efforts and court review.

Publication Order:

Court issues order specifying publication frequency.

Publication Run:

Publish according to order; common runs are weekly.

Affidavit Filed:

File proof of publication after the last insertion as required.

Judgment Timing:

Wait the court-prescribed period after proof before seeking default.

Key Milestones from Service Attempts to Court Action

Track these chronological milestones so the affidavit and follow-up motions meet court timing and procedural requirements.

01

Initiate Service

Document initial personal service attempts and dates.

02

Request Publication

Move for publication when personal service cannot be completed.

03

Complete Publication

Publish notices as ordered and retain publisher proof.

04

File Affidavit

File the sworn affidavit and attachments with the clerk.

Comparing eSignature Vendors for Affidavits and Notarization

Basic pricing and capabilities across major vendors to help compare eSignature cost models and compliance support for affidavit workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Consequences of an Incorrect or Incomplete Affidavit

Case Dismissal: Possible dismissal
Judgment Void: Judgment subject to challenge
Perjury Exposure: Criminal liability risk
Extra Costs: Additional attorney and court fees
Delay in Relief: Holds up default or enforcement
Service Rejected: Court may refuse proof

Common Errors to Avoid When Preparing the Affidavit

  • Failing to list each specific service attempt and its date reduces the affidavit’s evidentiary value and invites challenge.
  • Using vague publication descriptions or failing to attach publisher affidavits often leads courts to require supplemental proof or deny constructive service.
  • Not notarizing the affidavit or omitting the notary block can result in clerk rejection and procedural delays.
  • Misstating the court order terms or publishing in an unapproved medium can invalidate the notice and the resulting proceedings.

Practical Tips for Accurate and Efficient Completion

Follow these best practices to reduce rejection risk and speed court acceptance of the affidavit.

Document each attempt thoroughly
Record date, time, address, person spoken to (if any), and method used. Supporting documentation such as signed delivery attempts or investigator logs strengthens the affidavit and reduces contested facts.
Attach publisher proof
Always include the newspaper’s affidavit of publication or tear sheets that show the notice text and insertion dates; courts typically require publisher verification to accept constructive service.
Use standardized templates
Employ a court-compliant template that includes required attestation language and a notary block to avoid omissions and ensure consistent filings across cases.
Confirm court order terms
Verify the judge’s order for publication specifying frequency and duration and meet those exact terms before filing the proof-of-publication affidavit.

Realistic Scenarios Showing How the Affidavit Is Used

Two practical scenarios illustrate typical uses of the affidavit and the kinds of documentation courts expect.

Civil Debt Collection

A creditor files suit but cannot locate a debtor after skip-tracing and two personal attempts.

  • The court grants publication based on documented attempts.
  • The creditor files an affidavit showing three weekly insertions, attaches publisher proof, and obtains a default judgment after the statutory waiting period.

Probate Proceeding

An executor cannot find an heir despite exhaustive searching and mailed notices returned undelivered.

  • The court permits notice by publication following a motion and order.
  • The executor attaches the sworn affidavit of publication and service-attempt logs to probate filings to move the estate administration forward.

Frequently Asked Questions About Affidavits for Service by Publication

Answers to common procedural and evidentiary questions when preparing and filing a publication affidavit.


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